I stayed with her most of the time but when I had to go in the office my sister would stay... we 18 months short of the 5 year look back. Anyone have any experience with this?
They are entirely different type of situations in regards to LTC Medicaid program in my understanding. It’s attorney work to deal with on both.
Caregiver exemption is for an individual who lives in the elders home who does NOT have a full time job for at least 2 years as their full time job is being a FT caregiver to an elder who otherwise would be in a SNF as the level of care needed is that of being in a NH. You would have to be able to provide documentation that was the situation, e.g. statement from elder’s physician or social worker from that period of time and with details as to the elders condition needed that level of care. If your State wants ICD -10 codes this could mean something quite comprehensive. Also is for a caregiver, like 1 (one) person who does this in lieu of having a full time job. If you were working, no exemption. The caregiver exemption allows for the home to bypass the possibility of having a estate recovery lien placed on to it, so the property can transfer to the caregiver if the elders will has it going 100% to them.
It’s not simple. It’s especially not simple if your State does all the documentation to establish caregiver status after death via estate recovery process as it could well be 1, 2, 3 or possibly more years after mom has moved out of the house and into the NH. So getting her old physician to do something like this on their letterhead may not be easy.
Life Estate is real estate title change that’s recorded at the courthouse. Hopefully attorney who did this for you had an understanding what of LTC Medicaid estate recovery administrative code for your State will be upon her death as that will be what is going to matter. Not probate but Medicaid. Some states do recognize LE as an outside of probate change. Some states do not recognize LE as an allowed outside of probate title transfer for estate recovery no matter what. What those States do vary… like some view the house as subject to regular attempt of recovery like any other after death asset; some States place a remainderman % (based on actuarial tables) onto everyone’s share affixed on the date of the filing of the LTC Medicaid application, so whatever the elders % was, will be what their recovery lien % could be attempted on. Dealing with remainderman stuff is very very much real estate attorney work as it has IRS tax filing that has to be done. Not a DIY. You need to ask the atty who did the LE as to how they will deal with the after death sequencing.
Life Estate totally different than caregiver exemption.
Please pls pls realize that due to LTC Medicaids share of cost or copay requirement, that your mom will be required do a copay of almost all her income to the NH each and every month. So her SS income, any other retirement income as well gets paid to the NH. All she gets to keep is whatever MS has as her personal needs allowance which will be under $100 and should only be used for things related to her stay at the NH. Like to pay for beauty shoppe, clothing, magazines, snacks.
So due to the copay, all house costs - taxes, insurance, mortgage if there still is one, utilities, repairs, yard - will need to be paid by her family (by you & your Sister) or these things will go unpaid. Often getting family to pay their share reliably over years and years becomes problematic over time. Should taxes go unpaid, property will go up for MS Statewide delinquent tax sale last week of August
If the Life Estate was done within the 5 years Medicaid may not recognize it. It has nothing to do with how much u were there or if you lived with her. The Caregiver allowance you need to be living with and caring for her for 2yrs. Not sure if u need to have done 24/7 care or you could have worked.
You need to consult with an Elder Lawyer who is versed in Medicaid law.
Caregiver exemption is for an individual who lives in the elders home who does NOT have a full time job for at least 2 years as their full time job is being a FT caregiver to an elder who otherwise would be in a SNF as the level of care needed is that of being in a NH. You would have to be able to provide documentation that was the situation, e.g. statement from elder’s physician or social worker from that period of time and with details as to the elders condition needed that level of care. If your State wants ICD -10 codes this could mean something quite comprehensive. Also is for a caregiver, like 1 (one) person who does this in lieu of having a full time job. If you were working, no exemption. The caregiver exemption allows for the home to bypass the possibility of having a estate recovery lien placed on to it, so the property can transfer to the caregiver if the elders will has it going 100% to them.
It’s not simple. It’s especially not simple if your State does all the documentation to establish caregiver status after death via estate recovery process as it could well be 1, 2, 3 or possibly more years after mom has moved out of the house and into the NH. So getting her old physician to do something like this on their letterhead may not be easy.
Life Estate is real estate title change that’s recorded at the courthouse. Hopefully attorney who did this for you had an understanding what of LTC Medicaid estate recovery administrative code for your State will be upon her death as that will be what is going to matter. Not probate but Medicaid. Some states do recognize LE as an outside of probate change. Some states do not recognize LE as an allowed outside of probate title transfer for estate recovery no matter what. What those States do vary… like some view the house as subject to regular attempt of recovery like any other after death asset; some States place a remainderman % (based on actuarial tables) onto everyone’s share affixed on the date of the filing of the LTC Medicaid application, so whatever the elders % was, will be what their recovery lien % could be attempted on. Dealing with remainderman stuff is very very much real estate attorney work as it has IRS tax filing that has to be done. Not a DIY. You need to ask the atty who did the LE as to how they will deal with the after death sequencing.
Life Estate totally different than caregiver exemption.
Please pls pls realize that due to LTC Medicaids share of cost or copay requirement, that your mom will be required do a copay of almost all her income to the NH each and every month. So her SS income, any other retirement income as well gets paid to the NH. All she gets to keep is whatever MS has as her personal needs allowance which will be under $100 and should only be used for things related to her stay at the NH. Like to pay for beauty shoppe, clothing, magazines, snacks.
So due to the copay, all house costs - taxes, insurance, mortgage if there still is one, utilities, repairs, yard - will need to be paid by her family (by you & your Sister) or these things will go unpaid. Often getting family to pay their share reliably over years and years becomes problematic over time. Should taxes go unpaid, property will go up for MS Statewide delinquent tax sale last week of August
You need to consult with an Elder Lawyer who is versed in Medicaid law.